Pomona Municipal Code Div. 2 License

No person shall advertise, represent or hold out that any sale is a regulated sale without first obtaining a license to conduct such sale from the business license division.

(Code 1959, §§ 25-1, 25-3; Ord. No. 1351, §§ 1, 3; Ord. No. 1997, § 1))

(a) Application for a regulated sale license shall be made to the business license division and shall be accompanied by the applicant's written, verified affidavit stating that the facts set forth in the application and the accompanying inventory or statement are true and correct. Such application shall also set forth the following:

(1) The location of the proposed sale.

(2) The nature of the occupancy showing the length of term of the lease, if any.

(3) The reason the proposed sale is to be conducted.

(4) The dates upon or during which the proposed sale is to be conducted.

(5) The number and date of a valid business license issued by the city to the applicant.

(6) Any other facts or statements required by the business license division.

(b) Such application shall be accompanied by the following:

(1) A full, true and correct inventory or statement itemizing in detail the amount and description of the goods, wares, merchandise and personal property to be sold at such sale, together with the cost and proposed selling price of each item.

(2) The required license fee in an amount equal to one percent of the total cost or selling price, whichever is lower, as shown upon the inventory, but not less than the amount set by resolution of the city council, provided that the license fee for advertising termination or removal of the business shall be as set by resolution of the city council if such business has been in business under the same ownership for the last three consecutive years.

(c) The license shall authorize the conducting of the respective sales therein licensed, upon the days listed in the application.

(d) If the business license division has determined that any unusual purchases or additions to the stock of goods, wares or merchandise, for which the application has been filed, have been made within 60 days prior to filing such application, the business license division shall refuse to issue the license.

(Code 1959, § 25-3; Ord. No. 1351, § 3; Ord. No. 1997, § 1)

(a) The business license division shall, after investigation and verification of facts contained in the application, issue the regulated sale license.

(b) If after investigation the business license division is unable to verify the facts, the business license division shall deny the license.

(Code 1959, § 25-4; Ord. No. 1351, § 4)

The business license division shall endorse on the application for a regulated sale license the date of filing and shall preserve the application for record in its office.

(Code 1959, § 25-5; Ord. No. 1351, § 5)

Except as otherwise provided, all regulated sales made pursuant to the license provided for in this division must be made within the period of 30 calendar days, including and following the first day specified in the license. The license may be renewed for no more than 30 calendar days as provided for in section 30-66. In no event may a regulated sales license continue for more than 60 calendar days.

(Code 1959, § 25-6; Ord. No. 1351, § 6)

(a) If a regulated sale is not completed within the 30-calendar-day period, the licensee may apply for a license to conduct the sale for an additional 30-calendar-day period, by complying with the following:

(1) Notice of the intention to apply for renewal is published once in a newspaper of general circulation in the city.

(2) The application to renew is made in the same manner as provided in section 30-62 and is made five days before expiration of the license.

(3) A license fee is paid in one-half of the amount paid for the original license.

(b) The business license division, after investigation and verification of the facts contained in the application and after investigation of objections made by any interested party, shall grant or deny the license.

(c) No license for conducting a regulated sale shall be issued to any individual, partnership, association or corporation in which 50 percent or more of the stock control or ownership remains in the same person who has, within a period of two years from the date of the application, been granted a license to conduct such a sale; nor shall a license be issued for any portion of the same goods or for use upon any portion of the same premises until two years after expiration of a prior regulated sale license.

(Code 1959, § 25-7; Ord. No. 1351, § 7)

The license issued under this division to any person who shall hold, conduct or carry on any sale of goods, wares or merchandise contrary to this article or whose advertising, statement, representation or assertion is false or untrue in any respect or which by the exercise of reasonable care should be known to be false or untrue, deceptive or misleading or which shall violate any section of this article shall be forthwith revoked by the business license division on the determination that any section of this article has been violated, and such person shall be guilty of a misdemeanor. If the order for such revocation is reversed on appeal pursuant to section 30-68, the time during which any sale is suspended pursuant to such revocation shall not be counted in calculating the number of days during which the license for such sale shall be effective.

(Code 1959, § 25-11; Ord. No. 1351, § 11)

(a) Any person to whom a license has been issued under this division or whose application has been rejected may appeal in writing to the city council within five days after the rejection of any application or the denial of any application to renew any application or the revocation of any existing license to conduct a regulated sale. The council shall forthwith set such matter for hearing at the council chambers and cause notice of the time and place thereof to be given to the applicant in writing either by delivery to him personally or by transmission of such notice by United States mail not less than five days prior to the date set for such hearing. Transmission of such notice by United States mail addressed to the applicant at the address given in the application for the license under section 30-62 shall be deemed to be delivery on the date of mailing thereof.

(b) At the time and place set for the hearing the applicant shall appear and offer evidence in support of the application. After such hearing the city clerk shall forthwith give notice in writing of the decision of the city council to the applicant by delivery to him personally or by United States mail addressed to the applicant at the address given in his application. If proper showing is made entitling the applicant to such license or to the continuation or retention of the license, the council shall determine the proper fee to be charged, in which event the council shall include in such notice the amount of such fee.

(c) The decision of the business license division, in the absence of any appeal to the city council, and the decision of the council, in any review pursuant to this section, shall be final and conclusive upon any and all persons affected thereby. Any fee finally determined shall be due and payable forthwith upon giving the required notice, in the amount specified.

(Code 1959, §§ 25-12, 25-13; Ord. No. 1351, §§ 12, 13)